C2C3C4SCHEDULE 9SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
Sch. 9 para. 68 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 16(1)(2)(e) (with regs. 1(2), 11, 19)
Sch. 9 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
I11
Any amount paid by way of tax on income which is taken into account under regulation 40 (calculation of income other than earnings).
I22
Any payment in respect of any expenses incurredF96, or to be incurred, by a claimant who is—
a
engaged by a charitable or F51voluntary organisation; or
b
a volunteer,
if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42 (6) (notional income).
I33
In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.
I44
In the case of a payment of statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the ActF117, statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part 12ZB of the Contributions and Benefits Act or any remuneration paid by or on behalf of an employer to the claimant who for the time being is unable to work due to illness or maternity F118or who is taking paternity leave or adoption leave—
a
any amount deducted by way of primary Class 1 contributions under the Social Security Act;
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational or personal pension scheme.
F24A
In the case of the payment of statutory sick pay under Part II of the Social Security (Northern Ireland) Order 1982F119, statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay—
a
any amount deducted by way of primary Class 1 contributions under the Social Security (Northern Ireland) Act 1975;
b
one-half of any sum paid by way of a contribution towards an occupational or personal pension scheme.
I55
F1215A
Any guardian’s allowance.
F1375B
–
1
Any child tax credit.
2
Any child benefit.
I66
Any mobility allowance F22or the mobility component of disability living allowance.
I77
Any concessionary payment made to compensate for the non-payment of—
b
income support F70or jobseeker’s allowance.
I88
Any mobility supplement or any payment intended to compensate for the non-payment of such a supplement.
F339
Any attendance allowance or the care component of disability living allowanceF124....
F439A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I910
Any payment to the claimant as holder of the Victoria Cross or George Cross or any analogous payment.
F14311
1
Any payment—
a
by way of an education maintenance allowance made pursuant to—
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to—
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
F11211A
Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002.
F8112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12713
1
Any payment made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc.) except a payment—
a
made as a substitute for income support, a jobseeker’s allowance, incapacity benefit or severe disablement allowance;
b
of an allowance referred to in section 2(3) of the Employment and Training Act 1973 or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;
c
intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 and the period of education or training or the scheme, which is supported by that loan, has been completed; or
d
made in respect of the cost of living away from home to the extent that the payment relates to rent for which housing benefit is payable in respect of accommodation which is not normally occupied by the claimant as his home.
2
The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs), of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of this paragraph, “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
F5514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10F1415
F441
2
Subject to F103sub-paragraph (3) and paragraph 39, any F115relevant payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, F144council tax, water charges, rent F151... for which F104housing benefit is payable orF20... any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F105...F46..., of a single claimant or, as the case may be, of the claimant or any other member of his familyF145....
3
Sub-paragraphs (1) and (2) shall not apply—
a
to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;
b
in the case of a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).
4
For the purposes of sub-paragraph (1) where a number of F116relevant payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
5
For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
F1135A
In this paragraph, “relevant payment” means—
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
d
a payment under an annuity purchased—
i
pursuant to any agreement or court order to make payments to the claimant; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
e
a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
F1066
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3115A
1
Subject to the following provisions of this paragraph, in the case of a claimant placed in a F160care home, an Abbeyfield Home or an independent hospital by a local authority under section 26 of the National Assistance Act 1948, F52sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 or F158section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 any charitable payment or voluntary payment made or due to be made at regular intervals.
2
This paragraph shall apply only where—
a
b
the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990.
F1073
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.
F12515B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6016
Subject to paragraphs 36 and 37, £10 of any of the following, namely—
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);
b
a war widow’s pension F102or war widower’s pension;
c
a pension payable to a person as a F167widow, widower or surviving civil partner under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 F62or the Pensions and Yeomanry Pay Act 1884, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
F152cc
a guaranteed income payment;
d
a payment made to compensate for the non-payment of such a pension F153or payment as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the F154pensions or payments mentioned in sub-paragraphs (a) to (cc) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
F93g
any widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;
h
any widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.
I1117
Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions—
a
that the loan was made as part of a scheme under which not less than 90 per cent of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
b
that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;
c
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;
d
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and
e
that the person to whom the loan was made or one of the annuitants occupies the accommodation on which it was secured as his home at the time the interest is paid,
the amount, calculated on a weekly basis equal to—
F50i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
ii
in any other case the interest which is payable on the loan without deduction of such a sum.
F5318
Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.
I27F4719
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by F54another person and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further F156£10.55 where the aggregate of any such payments is inclusive of an amount for heating.
I26F4820
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
I12F521
1
F83Subject to sub-paragraphs (2) and (3), except where F84regulation 40(4)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act in the calculation of income other than earnings) or regulation 42(4)(a)(i) (notional income) applies or in the case of a person to whom section 23 of the Act (trade disputes) applies, any income in kind;
2
F823
The first exception under sub-paragraph (1) shall not apply where the claimant is the partner of a person subject to immigration control and whose partner is receiving support provided under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act and the income in kind is support provided in respect of essential living needs of the partner of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.
F1574
The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.
I1322
1
Any income derived from capital to which the claimant is or is treated under regulation 52 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraph 1, 2, 4, 6 F812 or 25 to 28 of Schedule 10.
2
Income derived from capital disregarded under paragraph 2 F94 or 25 to 28 of Schedule 10 but F36only to the extent of—
a
any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
b
any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
F373
The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.
I1423
Any income which is payable in a country outside the United Kingdom for such period during which there is prohibition against the transfer to the United Kingdom of that income.
I1524
Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.
I1625
1
Any payment made to the claimant in respect of a child or young person who is a member of his family—
F98a
F177pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978(schemes for payment of allowances to adopters);
F71b
which is a payment made by a local authority in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975 (contributions towards the cost of the accommodation and maintenance of a child);
c
which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order);
d
which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);
F146e
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);
F139to the extent specified in sub-paragraph (2).
F1781A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.
2
F140In the case of a child or young person—
a
to whom regulation 44 (5) (capital in excess of £3,000) applies, the whole payment;
b
to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.
F13825A
In the case of a claimant who has a child or young person–
a
who is a member of his family, and
b
who is residing at an educational establishment at which he is receiving relevant education,
any payment made to that educational establishment, in respect of that child or young person’s maintenance by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family.
I1726
Any payment made by a local authority to the claimant with whom a person is F99accommodated by virtue of arrangements made under section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after) or, as the case may be, F141section 26 of the Children (Scotland) Act 1995 or by a voluntary organisation under F100section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations) or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985 F1 (provision of accommodation and maintenance for children in care).
F7227
Any payment made to the claimant or his partner for a person (“the person concerned"), who is not normally a member of the claimant’s household but is temporarily in his care, by—
a
a health authority;
b
a local authority F155but excluding payments of housing benefit made in respect of the person concerned;
c
a voluntary organisation; or
d
the person concerned pursuant to section 26(3A) of the National Assistance Act 1948;F94or
e
a primary care trust established under section 16A of the National Health Service Act 1977.
I1828
Except in the case of a person to whom section 23 of the Act (trade disputes) applies F4or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work), F11any payment made by a local authority F97in accordance with F101section 17, 23B, 23C or 24A of the Children Act 1989 or, as the case may be, F142section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).
F5929
1
Subject to sub-paragraph (2) any payment received under an insurance policy, taken out to insure against the risk of being unable to maintain repayments on a loan which qualifies under paragraph 15 or 16 of Schedule 3 (housing costs in respect of loans to acquire an interest in a dwelling, or for repairs and improvements to the dwelling, occupied as the home) and used to meet such repayments, to the extent that it does not exceed the aggregate of—
a
the amount, calculated on a weekly basis, of any interest on that loan which is in excess of the amount met in accordance with Schedule 3 (housing costs);
b
the amount of any payment, calculated on a weekly basis, due on the loan attributable to the repayment of capital; and
c
any amount due by way of premiums on—
i
that policy, or
ii
a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.
2
This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).
F5630
1
Except where paragraph 29 F75or 30ZA applies, and subject to sub-paragraph (2), any payment made to the claimant which is intended to be used and is used as a contribution towards—
a
any payment due on a loan if secured on the dwelling occupied as the home which does not qualify under Schedule 3 (housing costs);
b
any interest payment or charge which qualifies in accordance with paragraphs 15 to 17 of Schedule 3 to the extent that the payment or charge is not met;
c
any payment due on a loan which qualifies under paragraph 15 or 16 of Schedule 3 attributable to the payment or capital;
d
any amount due by way of premiums on—
i
F61an insurance policy taken out to insure against the risk of being unable to make the payments referred to in (a) to (c) above; or
ii
a policy of insurance taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home.
e
his rent in respect of the dwelling occupied by him as his home but only to the extent that it is not met by housing benefit; or his accommodation charge but only to the extent that the actual charge F108exceeds the amount payable by a local authority in accordance with Part III of the National Assistance Act 1948.
2
This paragraph shall not apply to any payment which is treated as possessed by the claimant by virtue of regulation 42(4)(a)(ii) (notional income).
F7330ZA
1
Subject to sub-paragraph (2), any payment received under an insurance policy, other than an insurance policy referred to in paragraph 29, taken out to insure against the risk of being unable to maintain repayments under a regulated agreement as defined for the purposes of the Consumer Credit Act 1974 or under a hire-purchase agreement or a conditional sale agreement as defined for the purposes of Part III of the Hire-Purchase Act 1964.
2
A payment referred to in sub-paragraph (1) shall only be disregarded to the extent that the payment received under that policy does not exceed the amounts, calculated on a weekly basis, which are used to—
a
maintain the repayments referred to in sub-paragraph (1); and
b
meet any amount due by way of premiums on that policy.
F4230A
1
Subject to sub-paragraphs (2) and (3), in the case of a claimant F162residing in a care home, an Abbeyfield Home or an independent hospital, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 15A applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F166or hospital.
2
3
The amount to be disregarded under this paragraph shall not exceed the difference between—
F110a
the claimant’s applicable amount; and
b
the weekly charge for the accommodation.
I19F2431
Any social fund payment made pursuant to Part III of the Act.
I2032
Any payment of income which under regulation 48 (income treated as capital) is to be treated as capital.
I2133
Any payment under paragraph 2 of Schedule 6 to the Act (pensioner's Christmas bonus).
I2234
In the case of a person to whom section 23 of the Act (trade disputes) applies and for so long as it applies, any payment up to the amount of the relevant sum within the meaning of subsection 6 of that section made by a trade union; but, notwithstanding regulation 23 (calculation of income and capital of members of claimant's family and of a polyamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the amount to be disregarded under this paragraph is less than the relevant sum.
I2335
Any payment which is due to be paid before the date of claim which would otherwise fall to be taken into account in the same benefit week as a payment of the same kind and from the same source.
I2436
The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 23 (3) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 63 (2) (b) and 64 (1) (c) (calculation of covenant income where a contribution assessed)F16, regulation 66A(2) (treatment of student loans)F89, regulation 66B(3) (treatment of payments from access funds) and F15paragraphs 15(1) and 16 shall in no case exceed F64£20 per week.
I2537
Notwithstanding paragraph 36 where two or more payments of the same kind and from the same source are to be taken into account in the same benefit week, there shall be disregarded from each payment the sum which would otherwise fall to be disregarded under this Schedule; but this paragraph shall only apply in the case of a payment which it has not been practicable to treat under regulation 31 (1) (b) (date on which income treated as paid) as paid on the first day of the benefit week in which it is due to be paid.
F338
Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987.
F1939
1
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia F26or who is or was a qualifying person, which derives from a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or for the benefit of—
a
that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced F168or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death;
b
any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia F27or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced F169or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives a payment made under any of the Trusts to which sub-paragraph (1) refers and which is made to or fro the benefit of—
a
the person who is suffering from haemophilia F28or who is a qualifying person;
b
any child who is a member of that person’s family or who was such a member and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who was such a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia F29or who is a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
a
that person has no partner or former partner from whom he is not estranged or divorced F170or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person’s family; and
b
the payment is made either—
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a young person or a F87full-time student who has not completed his full-time education and has no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered from haemophilia F29or who was a qualifying person, which derives from a payment under any of the Trusts to which sub-paragraph (1) refers, where—
a
that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced F171or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and
b
the payment is made either—
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young person or a F88full-time student who had not completed his full-time education and had no parent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts.
F307
F740
Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.
F1041
Any payment made by the Secretary of State to compensate a person who was entitled to supplementary benefit in respect of a period ending immediately before 11th April 1988 but who did not become entitled to income support in respect of a period beginning with that day.
F1042
Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.
F1043
Any payment made to a juror or a witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.
F3444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1345
Any community charge benefit.
F1346
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charges) F35or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax).
F1347
Any special war widows payment made under—
a
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865;
b
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;
c
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917;
d
the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980;
e
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub- paragraphs (a) to (e) of this paragraph.
F1748
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
F1749
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
F1750
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
F2151
Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 F128... to assist disabled persons to obtain or retain employment despite their disability.
F3252
Any council tax benefit F67including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit).
F4553
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act F57or pension under the Naval Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act F58or the rate of that pension under that Order where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
F4954
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to F172widows, widowers or surviving civil partners).
55
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to F173widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
56
1
Any payment which is—
a
made under any of the Dispensing Instruments to a F174widow, widower or surviving civil partner of a person—
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to F175widows, widowers or surviving civil partners).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1992 (exceptional grants of pay, non-effective pay and allowances).
F6557
Any amount of income support to which a person is entitled by virtue of F85regulation 21ZB above (treatment of refugees).
F6858
Any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 F149or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments)F122or under regulations made under section 57 of the Health and Social Care Act 2001 (direct payments).
F12959
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13060
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61
1
Any payment specified in sub-paragraph (2) to a claimant who was formerly a F91student and who has completed the course in respect of which those payments were made.
2
The payments specified for the purposes of sub-paragraph (1) are—
a
any grant income and covenant income as defined for the purposes of Chapter VIII of Part V;
F79b
any student loan as defined in Chapter VIII of Part V;
F79c
any contribution as defined in Chapter VIII of Part V which—
i
is taken into account in ascertaining the amount of a student loan referred to in head (b); and
ii
has been paid.
F13162
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13262A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13363
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7764
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1F7464
1
Subject to sub-paragraph (2), in the case of a person who is receiving, or who has received, assistance under F90the self-employment route, any payment to the person—
a
to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;
b
which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,
in respect of which such assistance is or was received.
2
Sub-paragraph (1) shall apply only in respect of payments which are paid to that person from the special account as defined for the purposes of Chapter IVA of Part V.
F13465
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7666
Any payment made with respect to a person on account of the provision of after-care under section 117 of the Mental Health Act 1983 or F159section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the provision of accommodation or welfare services to which F86Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers, which falls to be treated as notional income under paragraph (4A) of regulation 42 above (payments made in respect of a person F164living in a care home, an Abbeyfield Home or an independent hospital).
F7869
1
Any payment of a sports award except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).
2
The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F111..., of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.
3
For the purposes of sub-paragraph (2)—
“food" does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“ordinary clothing and footwear" means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities.
F14870
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8071
Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.
F8072
In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise.
F12673
1
Subject to sub-paragraph (3), any payment of child maintenance where the child or young person in respect of whom the payment is made is a member of the claimant’s family except where the person making the payment is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one payment of child maintenance—
a
in respect of more than one child or young person; or
b
made by more than one person in respect of a child or young person,
falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
3
No more than £10 shall be disregarded in respect of each week to which any payment of child maintenance is attributed in accordance with regulations 28, 29, 31 and 32 (calculation of income) or regulations 60B to 60D (treatment of child support maintenance).
4
In this paragraph, “child maintenance” shall have the same meaning as that prescribed for the purposes of section 74A of the Social Security Administration Act 1992 (payment of benefit where maintenance payments collected by Secretary of State) and shall include any payment made by the Secretary of State in lieu of such maintenance.
F9274
In the case of a person to whom paragraph (5) of regulation 6 (persons not treated as in remunerative work) applies, the whole of his income.
F9575
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
F12076
F1231
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
2
For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.
F13577
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 9 para. 67 modified (temp. until 27.11.2001) (28.11.2000) by The Social Security (New Deal Pilot) Regulations 2000 (S.I. 2000/3134), regs. 1(1)(b), 16(1)(2)(e) (with regs. 1(2), 11, 19)